DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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Information Disclosure Statement
The information disclosure statements filed October 11, 2024 and June 8, 2026 have been considered by the examiner.
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Claim Rejections - 35 U.S.C. 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 7 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 6
The word preferably makes it unclear whether the insulating sleeve is a required structural limitation or merely an optional example. The metes and bounds of the claim therefore cannot be determined with reasonable certainty.
Suggested Correction - Claim 6
If an insulating sleeve is intended to be required, delete preferably so that the claim states that the insulating means is designed as an insulating sleeve. If the sleeve is not intended to limit the claim, delete the sleeve clause from the claim.
Claim 7
The word preferably makes it unclear whether insulating sleeves are required at the recited bracket ends or merely identify a preferred embodiment. The metes and bounds of the claim therefore cannot be determined with reasonable certainty.
Suggested Correction - Claim 7
If insulating sleeves are intended to be required, delete preferably so that the claim states that the insulating means are designed as insulating sleeves. If the sleeves are not intended to limit the claim, delete the sleeve clause from the claim.
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References Used
Reference 1 (Primary) - WO 2016/188770 A1.
Reference 2 - US 2018/0016753 A1.
Reference 3 - US 2014/0054389 A1.
Reference 4 - US 3,831,842 A.
Reference 5 - US 2019/0136882 A1.
Reference 6 - US 2010/0289203 A1.
Reference 7 - US 2011/0127389 A1.
Reference 8 - US 2021/0278309 A1.
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Claim Rejections - 35 U.S.C. 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2.
Claim Text
1. (L1) A quick clamping device for fastening at least one rail monitoring element to a rail, having two clamping units; (L2) wherein the clamping units each have two clamping brackets and a clamping means; (L3) wherein the two clamping brackets are configured to each be connected at a first end by the clamping means along a clamping axis where the clamping means engages under a rail foot of the rail when said foot is fastened to the rail, and (L4) wherein the clamping brackets at a second end each have a clamping region which is designed for force-fit arrangement on a rail web of the rail and/or the rail monitoring element; (L5) wherein the clamping units can be arranged on the rail as separate elements at a distance from one another along a longitudinal extent of the rail; (L6) and the clamping brackets each have at least one curvature portion which is curved in a plane orthogonal to the clamping axis.
Analysis
(L1) Reference 1 discloses fastening device 1 fastening sensor element 7 to rail 5 and includes longitudinally separated clamping sections 3 and 4. Reference 2 discloses repeated clamp pairs used with a rail sensor. (L2) Each Reference 1 section includes opposed jaws 3a/3b and the corresponding jaws of section 4, together with foot section 2 and threaded clamping structure. Reference 2 confirms paired clamp elements 30a/30b. (L3) Reference 1 shows foot section 2 beneath rail foot 6 joining the opposed jaws. Reference 2 expressly shows clamp feet 33a/33b beneath rail foot 13, aligned bores 34a/34b, and bolt 51 passing through the opposed elements along a common clamping axis. (L4) Reference 1 shows upper jaw regions applying pressure through sensor portions 7a/7b against rail 5, with receiving/fastening points 10 and contact surfaces 11. (L5) Reference 2 Figure 6 shows two separately installed clamp pairs longitudinally spaced along rail 10, and its installation text states that the procedure is repeated with a second pair. (L6) Reference 1 Figures 1-3 show each jaw curving from the under-foot portion toward its upper clamping region. The PCT written opinion expressly maps D1 Figure 1 to curvature in a plane orthogonal to the clamping axis.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to implement Reference 1's connected longitudinal clamping sections as the separately installed repeated clamp pairs of Reference 2 so each rail-sensor clamping location could be positioned, tightened, serviced, and replaced independently. The references fit technically because both use opposed rail-foot and rail-web clamp members for non-invasive sensor attachment, and Reference 2 explains that the second pair stabilizes the sensor housing and improves readings without changing Reference 1's force-fit sensor engagement.
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Claim 2
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2.
Claim Text
2. (L1) The quick clamping device according to claim 1, wherein the clamping brackets of a clamping unit are symmetrical with respect to a plane orthogonal to the clamping axis.
Analysis
The analysis of claim 1 is incorporated. (L1) Reference 1 Figure 2 shows opposed jaws 3a/3b having corresponding mirrored profiles on opposite sides of rail 5, while Figure 1 shows the corresponding longitudinal clamping sections. The opposed jaws are symmetrical about the central plane through the rail and orthogonal to the under-foot clamping axis. Reference 2 likewise uses corresponding opposed clamp elements 30a/30b with aligned bores 34a/34b. The complete inherited combination is References 1 and 2.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to preserve Reference 1's symmetric opposed-jaw geometry when separating the clamping sections according to Reference 2 because symmetry centers the clamping load, permits common parts on both rail sides, and maintains alignment of the through-bolt and rail-web force path.
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Claim 3
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2.
Claim Text
3. (L1) The quick clamping device according to claim 1, wherein the clamping means is designed as a bolt connection, wherein the bolt connection passes through the clamping brackets of a clamping unit.
Analysis
The analysis of claim 1 is incorporated. (L1) Reference 2 expressly discloses bolt 51 passing through aligned bores 34a/34b of opposed clamp elements 30a/30b, followed by washer 53 and nut 54. Bolt 51 therefore passes through the two brackets of each unit and draws the pair together beneath rail foot 13. The complete inherited combination is References 1 and 2.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to use Reference 2's through-bolt 51 in each modified Reference 1 unit because the bolt positively aligns the opposed brackets, permits controlled field tightening, and directly performs the shared under-foot clamping function.
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Claim 4
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2, and further in view of Reference 3.
Claim Text
4. (L1) The quick clamping device according to claim 1, wherein the clamping brackets are made of a metallic material.
Analysis
The analysis of claim 1 is incorporated. (L1) Reference 3 discloses structural rail clamp body 50 and expressly identifies steels and aluminums as suitable materials. The complete inherited combination is References 1 and 2, further in view of Reference 3.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to form the combined device's clamping brackets from Reference 3's metallic rail-clamp materials because steel or aluminum supplies the rigidity needed to maintain clamping force under railway loading and outdoor exposure, and the substitution leaves the operating principle unchanged.
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Claim 5
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2, and further in view of Reference 3.
Claim Text
5. (L1) The quick clamping device according to claim 1, wherein the clamping brackets are made of aluminum.
Analysis
The analysis of claim 1 is incorporated. (L1) Reference 3 expressly identifies aluminum as a material for rail clamp body 50 and explains that the body is selected for structural rigidity. The complete inherited combination is References 1 and 2, further in view of Reference 3.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to select aluminum from Reference 3's disclosed rail-clamp materials because aluminum provides structural rigidity while reducing installed weight and resisting corrosion in an exposed railway environment.
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Claim 6
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2, and further in view of Reference 4.
Claim Text
6. (L1) The quick clamping device according to claim 1, wherein the clamping units have at least one insulating means which is designed to electrically insulate the quick clamping device from the rail; (L2) wherein the insulating means is preferably designed as an insulating sleeve.
Analysis
The analysis of claim 1 is incorporated. (L1) Reference 4 explains that railway rails are used for train-control circuits and that electrical insulation from supporting and fastening structure is important. It discloses insulating pads 31/72, insulating alignment wedge 79, and insulating socket 76 separating metallic bolt 91 and spring clip 84 from the rail-support structure. Applying those insulating interfaces to the rail-contacting regions of the References 1 and 2 sensor clamp electrically separates the clamp and attached sensor from the conductive rail. (L2) Reference 4 socket 76 surrounds the metallic fastener and performs the claimed sleeve-type insulating function. The complete inherited combination is References 1 and 2, further in view of Reference 4.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to place Reference 4's insulating pad and socket structures at the conductive contact and fastener regions of the combined rail-sensor clamp so the clamp would not shunt track circuits or electrically couple the monitoring element to the rail. The references fit because Reference 4 addresses electrical isolation in the same rail-fastener environment and its sleeve-like socket can be applied around the combined device's through-bolt without changing its mechanical clamping action.
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Claim 7
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2, and further in view of Reference 4.
Claim Text
7. (L1) The quick clamping device according to claim 6, wherein the clamping units have an electrical insulating means at the first end of each clamping bracket and at least at a second end of one of the clamping brackets; (L2) wherein the insulating means are preferably designed as insulating sleeves.
Analysis
The analyses of claims 1 and 6 are incorporated. (L1) Reference 4 places insulating socket 76 at the metallic fastener interface and insulating wedge 79 and pad 72 at rail-contact interfaces. In the combined device, duplicating the fastener insulation at the first end of each opposed bracket and placing an insulating pad or sleeve at at least one second-end clamping region isolates the conductive load path at both ends. (L2) Reference 4's socket structure supplies a sleeve-form insulator and teaches repeating insulation wherever a metallic fastening path would otherwise bridge the rail and support. The complete inherited combination is References 1 and 2, further in view of Reference 4.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide the Reference 4 insulation at each repeated conductive contact path of the References 1 and 2 clamp because leaving one opposed bracket end uninsulated would defeat the desired electrical separation. Repeating the same socket or sleeve structure at corresponding bracket ends is mechanically compatible and predictably preserves both clamping force and track-circuit isolation.
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Claim 8
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2, and further in view of Reference 5.
Claim Text
8. (L1) The quick clamping device according to claim 1, wherein the clamping units each have at least one clamping template which is designed for positioning the clamping brackets on the rail web.
Analysis
The analysis of claim 1 is incorporated. (L1) Reference 5 discloses adapter elements 16 arranged between rail web 9 and sensors 10. Each adapter is fitted on one side to the rail profile and on the other side to the sensor, and may include a receiving recess, drilled holes, or pins that establish horizontal and vertical sensor position. Using one such profile-fitted adapter at each repeated clamping unit positions the unit's second-end clamping region relative to the rail web and sensor. The complete inherited combination is References 1 and 2, further in view of Reference 5.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to add Reference 5's profile-fitted adapter element to each separate clamp unit so the curved brackets and sensor would register at a repeatable height and lateral position on different rail profiles. The adapter performs the same positioning function at the same rail-web/sensor interface and improves installation accuracy without altering the underlying clamp.
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Claim 9
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 5, and further in view of Reference 6.
Claim Text
9. (L1) The quick clamping device according to claim 8, wherein a clamping template is fastened to the second end of a clamping bracket in each case; (L2) wherein the clamping templates can be plugged onto the clamping region of the clamping brackets.
Analysis
The analyses of claims 1 and 8 are incorporated. (L1) Reference 6 discloses replaceable jaw covers 30 mounted over the workpiece-engaging faces of clamp jaws 22/24. Those faces correspond to the claimed second-end clamping regions. (L2) Cover 30 includes a bent J- or U-shaped rim 30a forming a channel that slides over the jaw in a sleeve-like friction fit, allowing the cover to be plugged onto and removed from the clamping region. The complete inherited combination is References 1 and 2 in view of Reference 5, further in view of Reference 6.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to mount Reference 5's profile-adapted rail/sensor interface on the combined clamp using Reference 6's removable U-rim jaw-cover connection because that connection permits rapid installation and replacement of profile-specific contact pieces while maintaining a stable fit on the jaw. Reference 6 solves the same clamp-interface problem and requires no change to the References 1 and 2 force path.
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Claim 10
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2 and Reference 5, and further in view of Reference 6.
Claim Text
10. (L1) The quick clamping device according to claim 8, wherein the clamping templates have at least one element, being a securing projection or a securing recess; (L2) which, in conjunction with the clamping bracket, form-lockingly limits rotation of the clamping template relative to the clamping bracket.
Analysis
The analyses of claims 1 and 8 are incorporated. (L1) Reference 6 teaches projections on jaw cover 30 received in mating indentations or recesses in the jaw, including snap-fit projection/recess and ball/detent alternatives. (L2) The mating projection/recess and surrounding U-shaped rim 30a register the cover in a fixed orientation on the jaw and resist relative turning during clamping. Reference 5 additionally teaches holes or pins for positioning its adapter and strut elements 25 that prevent twisting of clamping bow 2 relative to sensors 10. The complete inherited combination is References 1 and 2 in view of Reference 5, further in view of Reference 6.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to secure the profile-adapted clamping template with Reference 6's mating projection/recess so the template could not rotate away from the rail-web and sensor profile while clamp force was applied. The connection complements Reference 5's positioning and anti-twist objective and predictably maintains repeatable sensor alignment.
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Claim 11
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2, and further in view of Reference 5.
Claim Text
11. (L1) The quick clamping device according to claim 8, wherein the clamping template is designed to at least partially receive the rail monitoring element.
Analysis
The analyses of claims 1 and 8 are incorporated. (L1) Reference 5 expressly teaches that adapter element 16 may include a receiving recess for sensor 10 and is fitted to the sensor profile. The recess therefore at least partially receives and positions the monitoring element while the opposed clamping regions apply force. The complete inherited combination is References 1 and 2, further in view of Reference 5.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to form Reference 5's sensor-receiving recess in each clamping template so the sensor would be positively located and supported during tightening. The recess directly serves the shared objective of repeatable rail-web sensor alignment and does not alter the combined clamp's operation.
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Claim 12
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2.
Claim Text
12. (L1) A sensor arrangement having the rail, the quick clamping device according to claim 1, and the rail monitoring element mounted on the rail by means of the quick clamping device; (L2) wherein the rail web of the rail and the rail monitoring element are at least partially arranged between the clamping regions of the clamping brackets of two clamping units of the quick clamping device; (L3) wherein the clamping units each engage around the rail foot of the rail; and (L4) wherein, along a clamp axis running through the clamping regions, a clamping force is produced between the corresponding clamping unit, the rail monitoring element, and the rail web.
Analysis
(L1) Reference 1 discloses rail 5, fastening device 1, and sensor element 7 mounted to the rail. Reference 2 discloses rail 10 and repeated clamp pairs used with sensor 40. (L2) Reference 1 Figure 2 shows sensor portions 7a/7b adjacent opposite sides of the rail web between jaws 3a/3b and contact regions 11; applying Reference 2's repeated pair creates the two separate units. (L3) Reference 1 shows jaws extending around rail foot 6 with foot section 2 beneath it, while Reference 2 shows feet 33a/33b engaging beneath rail foot 13. (L4) Reference 1 develops clamping pressure through the jaws, sensor portions, and rail. Reference 2 identifies force line A through web 12 and uses bolt 51 and bores 34a/34b to generate that force. The complete combination is References 1 and 2.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to use Reference 2's separate repeated pairs in Reference 1's complete rail-and-sensor arrangement because the repeated web-centered force paths stabilize the sensor housing and improve measurement accuracy while preserving Reference 1's force-fit sensor-to-web relationship.
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Claim 13
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2.
Claim Text
13. (L1) The sensor arrangement according to claim 12, wherein a clamping axis distance between the clamping axes is greater than a clamp axis distance between the clamp axes of the clamping units; (L2) and a rail tie is arranged between the clamping units.
Analysis
The analysis of claim 12 is incorporated. (L1) Reference 1 supplies longitudinally curved jaws whose upper clamp-axis location is offset from the under-foot clamping-axis location. Once the sections are made separate according to Reference 2, orienting the two identical curved units with their second ends toward one another makes the under-foot clamping-axis spacing greater than the upper clamp-axis spacing. (L2) Reference 2 teaches that rail foot 13 rests on sleepers and that repeated pairs are independently positioned along the rail. Placing one pair on each side of a sleeper uses the inward-offset upper regions to keep the sensor engagement over the sleeper while leaving the under-foot bolts accessible. The complete combination is References 1 and 2.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to orient the two separately installable curved units inward and place them on opposite sides of a rail tie so the sensor could span the tie while the under-foot tightening locations remained clear of the tie and accessible to a tool. The modification is a predictable orientation of identical Reference 1 clamp sections made independently positionable by Reference 2 and uses their existing curvature for installation clearance.
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Claim 14
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2, and further in view of Reference 7.
Claim Text
14. (L1) The sensor arrangement according to claim 12, wherein the clamping axis distance between the clamping axes is smaller than the clamp axis distance between the clamp axes of the clamping units; (L2) and the clamping units are arranged between two rail ties.
Analysis
The analysis of claim 12 is incorporated. (L1) Reversing the two separately installable curved Reference 1 units so their upper second ends face outward makes the under-foot clamping-axis spacing smaller than the upper clamp-axis spacing. (L2) Reference 7 expressly discloses portable detector 10 mounted on plate 12 extending under rail 14 between first tie 60 and second tie 62, with clamps 36/38 and bolts 32/34/40/42 securing the assembly to the rail base. This confirms that a rail-sensor clamp assembly is intentionally dimensioned and located within the available tie bay. The complete inherited combination is References 1 and 2, further in view of Reference 7.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to reverse the curved units and place the resulting assembly between adjacent ties as taught by Reference 7 so the lower bolt locations fit within the tie bay while the upper clamping regions reach the sensor's spaced attachment locations. Reference 7 addresses the same field-installation clearance problem and expressly positions a clamped rail detector between two ties.
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Claim 15
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2.
Claim Text
15. (L1) The use of the quick clamping device according to claim 1 for arranging the rail monitoring element on the rail web of the rail; (L2) above a rail tie of the rail.
Analysis
The analysis of claim 1 is incorporated. (L1) Reference 1 expressly uses fastening device 1 to force-fit sensor element 7 at rail 5, including the rail-web region. (L2) Reference 2 makes the two clamp pairs separate and longitudinally positionable on sleeper-supported rail. Positioning one pair on each side of a sleeper places the sensor extending between the pairs at the rail web above that sleeper, as explained for claim 13. The complete combination is References 1 and 2.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to use the separately positionable units on opposite sides of a tie so Reference 1's rail-web sensor could occupy the otherwise-supported web location above the tie while the under-foot clamp fasteners remained accessible on either side. This placement uses the known rail support as the installation constraint and does not change the sensing or clamping operation.
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Claim 16
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Reference 1 in view of Reference 2, and further in view of Reference 8.
Claim Text
16. (L1) The use according to claim 15, wherein the parts of the quick clamping device are pre-mounted/fixed on the corresponding rail monitoring element; (L2) before the rail monitoring element is mounted on the rail.
Analysis
The analysis of claim 15 is incorporated. (L1) Reference 8 shows mounting plate 150 attached to the rear of monitoring unit 110 by screws through bores 150b/150c into threaded bores 115/116, and separately shows adapter 520 carrying monitoring unit 110 by bolts, magnets, or adhesive. These are sensor-side mounting parts fixed to the monitoring element. (L2) Reference 8 explains that adhesive tape on the back of plate 150 secures the plate and monitoring unit already secured thereto to rail web 502, establishing attachment of the plate to the sensor before installation of the combined assembly on the rail. Applying that sequence to the clamping template or sensor-contacting parts of the References 1 and 2 device meets the recited pre-mounting use. The complete inherited combination is References 1 and 2, further in view of Reference 8.
Motivation
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to pre-attach the sensor-side template or mounting parts to the monitoring element according to Reference 8 before placing the assembly on the rail because bench preassembly fixes sensor orientation, reduces loose field parts, and shortens track-occupancy time. Reference 8 performs that sequence at the same rail-web sensor interface and leaves final rail clamping to the References 1 and 2 structure.
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Claim Disposition
Rejected Claims Under 35 U.S.C. 112(b): Claims 6 and 7.
Rejected Claims Under 35 U.S.C. 103: Claims 1-16.
Objected-to Claims: None.
Allowed Claims: None.
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Conclusion
US 2016/0311452 A1 was reviewed but not relied upon because its paired detector units are placed at separate worksite approach locations and do not improve the close two-unit sensor-clamp mapping of the applied references. US 5,628,479 A was reviewed but not relied upon because its standard rail-foot clamps support wheel-detector units but lack the opposed rail-web/sensor clamping regions and curvature relationship supplied by References 1 and 2.
The claims have been examined in accordance with the foregoing action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON C SMITH whose telephone number is (703)756-4641. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Morano can be reached at (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jason C Smith/ Primary Examiner, Art Unit 3615
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